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Resolution 2001-412 17D '" - 'w RESOLUTION NO. 01- 41? A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A COMMUNICATIONS TOWER IN THE "CON/ACSC/ST" ZONING DISTRICT PURSUANT TO SECTION 2.6.35.7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 34 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an essential services conditional use pursuant to Section 2,6.35.7. in a "CON/ACSC/ST", Conservation Zoning District with Area of Critical State Concern and Special Treatment Overlay for a communications tower with a maximum height of240 feet on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4,4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by Lodestar Tower, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for an essential services conditional use pursuant to Section 2.6.35.7 in a "CON/ACSC/ST", Conservation Zoning District with Area of Critical State Concern and Special Treatment Overlay for a communications tower with a maximum height of 240 feet in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: -1- 17D Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ ~/,.d} day of D0_...T"49.'~ ~- ~ ,2001. :~.W.I~T ;E:-B~O~ Clerk Opro'ged,~ 'tO Fo~ and Legal Sufficiency: M oh J Studefit, Assist~t County Attoney BOARD OF ZONING APPEALS COLLIER COUNTY, FLOz~ID? BY' .... /5' ~-- -- ,--r_.- -- 'JAMES;{5.'~ CARTER, Ph.D., CHAIRMAN CU-200 I-AR- 1105/CB/lo -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section __2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: ~// Yes No B. Ingress and egress to property and proposed · structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes % // No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Ye s No Based on the above findings, this conditional use~ with stipulations, (copy attached) (should not) be recommended~or approval ~ ~[~q~ ~~~, DAT .: , EXHIBIT "A" 170 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section ~.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~... No B. Ingress and egress to property and proposed, structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ & egress Yes ~No C. Affects neighboring properties in relation to noise, gl~e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes %/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~~~ EXHIBIT "A" 170 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section 2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes .q_ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes Y No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~. No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No ~ Based on the above findings, th~_C~q~ditional use should, with stipulations, (copy attached) ~houl~not) be recommended for approval ~~ DATE: %o,~! O~ CHAIRMAN:~~ EXH~IT "A" 17D FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 2.6.35.6.3. of the Land Development Code 1. Section _ authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed, structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingre~ & egress Yes ~ No C. Affect~ neighboring properties in relation to noise, glare/, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district Compatible use wit~ district Yes ~ No Based on the above findings, this conditional use should, with stipulations, ~~attached) (should not) be recommended for DATE: /0//{~/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section ..2.6.35.6.3. of the Land Development Code authorized'-the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: J No Yes B. Ingress and egress to property and proposed . structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress/& egress Yes &,/No C. Affects neighboring properties in relation to noise, glare, economic or odor/effects: No affect or a/Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use withi~istrict Yes P' No _ Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: /O J ~ o[ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section __2.6.35.6.3. of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with t~e~ Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in/case of fire or catastrophe: Adequate ingres~& egress Yes ~' No Affects/~eighboring properties in relation to noise, glare4/, economic or odor effects: ~ No affect or Affect mitigated by Affect ca---~-~ be mitigated Compatibility with adjacent properties and other property in the district: - Compatible use within/~trict Yes &w- No Based on the above findings, stipulations, (copy attached) approval DATE: /~a//°! thi~: _~_ ,itional use should, with ~ ~s~) be ~r?~mmended for EXHIBIT "A" 17D FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section _2.6.35.6.3. of the Land Development Code authorized'the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: [ Yes V No B. Ingress and egress to property and proposed, structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glad, economic or odor effects: No affect or Affect mitigated by. Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional u~e shoul~ with stipulations, (copy attached) (should not) be reComme~~d for EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-1105 The following facts are found: 1. Section _2.6.35.6.3. of the Land Development Code authorized'~he conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 'w/ No B. Ingress and egress to property and proposed, structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress& egress Yes ~No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /' No affect or Affect mitigated by -- Affect canno~ be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval -____ EXHIBh A Collier County For Lodestar Site 11006 1-75 MM 51.2 Alligator Alley SURVEYOR'S REPORT SPECIFIC PURPOSE SURVEY ,' FOR LODESTAR TOWERS, INC. OF THE TOWER 81TE AT INTERSTATE ROUTE 7S REST MILE MARK ISITE 1-78 MM COLLIER COUNTY, FLORIDA All that lot. piece or parcel of lancl situate, yng oncl being ;n Section 1. Township 50 SOuth. Range 34 East, Collier County, Floriclo, the some being a port;on of the oreo commonly known os Interstate Route 75 at Mile Mark 51.2 (Colllm' County) and being more particularly clescribed by metes and bounds as follows, viz.: BEG~N at the mast Southeasterly Corner of the Subject Property, hey;rig for its COOeClinotes O Nortl~ing of 668271.98 feet and on Easting of 695883.01 feet (The Pteceding easel follow;n9 coordlnote values being based on the North American Datum (NAD) 1985/1990 adjustment for the State Plane Coordinate System of the Flor;do East Zone.); thence S88'46'40"W along the Southerly Boundary Line of the Subject Property for 110.00 feet to the most Southwesterly Corner of the Subject Property. having for its coordinates o Northing of 668269.64 feet and on Eostin~j of 69.3788.04 feet; thence N01'lS'20'W alan9 the WesteHy Boundary Line of the Subject Property for ,34.0D feet to the most Northwesterly Corner of the Subject Prooerty, hovin9 foe' its coordinates a Northincj of 668.305.65 feet and an Eost;ng of 69:5787.51 feet; thence N88'46'40'£ alan9 the Northerly Boundary Line of the Subject Prol~erty for 110.00 feet to the most NortheosteHy Corner of the Subject Property, having.for its coordinates a North;rig of 668,306.00 feet and on £eeting of 69~3897.29 feet; thence S01'13'20'E along the Easterly Boundary Line of the Subject Property for 54.02 feet to the POINT OF BEGINNING. Soliel Parcel contains 5,740 square feet or 0. O9 aore~ more or leis, by calculation. EXHIBIT "B" CU-2001-AR-1105 Scott Gustafson Speetrasite Communications 218 US Highway 1 Suite 300 Tequesta, FL 33469 (561) 748-9300 Ext. 29 $11V.L3Q 311S 1 l I I i I I I II II ------J--I-----II I L.L .... II IF--- II II II II II II I II II . Jl II I II ! 70 CONDITIONS OF APPROVAL CU-2001 -AR-I 105 This approval is conditioned upon the following stipulations: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). An Special Treatment (ST) Permit shall be approved prior to the final SDP approval. EXHIBIT "D"